Goleta City Council
April 2, 2024

Agenda Item C.2

CPMS PUBLIC HEARING
Meeting Date: April 2, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Peter T. Imhof, Planning and Environmental Review Director PREPARED BY: Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
SUBJECT: General Plan and Title 17 (Zoning) Amendments to Implement Housing Element 2023-2031 Programs and Title 17 Amendments to Update Other Portions of T itle 17 and Determination that the Amendments are Exempt from the California Environmental Quality Act
RECOMMENDATION:

A. Adopt Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprograms HE 2.1(g), 2.1(h), and 2.1(i) (Case No. 21- 0002-GPA).”
B. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 24-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 23-0007-ORD).”
BACKGROUND:

On March 3, 2020, the City Council adopted Title 17 (Zoning) of the Goleta Municipal Code (GMC). Title 17 became effective on April 3, 2020. Since adoption, the City has conducted several rounds of amendments to Title 17 to address “clean -up” items, including necessary revisions re lated to changes in State law and to clarify various provisions in the Title.

Since the last round of Title 17 amendments, staff has continued to track implementation of Title 17 and identified additional amendments needed to (1) address potential inconsistencies with State law, (2) better clarify the intent and application of Title 17 development standards and procedures based upon issues raised during the review of 1 Meeting Date: April 2, 2024

development applications, and (3) correct typographical errors and ambiguities in the Title.

Additionally, on December 5, 2023, the City adopted an amended Housing Element 2023- 2031 (Housing Element). The Housing Element includes a variety of implementation programs that commit the City to the General Plan and Title 17 amendments by December 2024.

The proposed amendments to address the above-referenced topics were pre sented to the Planning Commission at a public hearing on February 26, 2024. At that hearing, the Planning Commission recommended to the City Council the adoption of the amendments as presented below.

DISCUSSION:

The General Plan amendments for City Council consideration are provided in Attachment 1 to the staff report. The Resolution includes several General Plan Land Use Element amendments, shown in tracked changes, as Exhibit A to the Resolution. A draft ordinance to amend Title 17 (Proposed Ordinance) is included as Attachment 2. The proposed Title 17 amendments can be found in Sections 4 and 5 of the Proposed Ordinance. The Title 17 amendments cover both Housing Element implementation and other amendments.

The amendments in the Proposed Ordinance are i n a “clean” format, meaning they do not show the actual proposed changes to the adopted regulations of Title 17. For ease of understanding these proposed changes, a table of proposed amendments showing tracked changes from the currently adopted regulations of Title 17 is provided as Attachment 3.

A summary of the General Plan and Title 17 amendments proposed are summarized below by topic area.

Housing Element Implementation
Below is a summary of amendments to the Land Use Element of the General Plan and to Title 17 needed to implement various programs within the City’s Housing Element.

Approval Needed for Mixed-Use
Housing Element subprogram HE 2.1(g) includes amendments to remove the Conditional Use Permit (CUP) requirement for mixed -use residential p rojects. Amendments are needed to Land Use Element subpolicy LU 3.3 (Community Commercial (C -C)) and 3.4 (Old Town Commercial (C -OT)) to delete references to the requirement for a CUP for mixed-use projects. Accompanying amendments to Tables 17.08.020 and 17.09.020 of the GMC are also included to remove the Major CUP requirement for mixed -use residential development. (See subsections 4(E)(1), 4(E)(2), 4(G)(1) and 4(G)(2) of the Proposed Ordinance.)
2 Meeting Date: April 2, 2024

Heights

Housing Element subprogram HE 2.1(h) includes am endments to increase the height maximums to 35 feet for Planned Residential (R-P/RP), Medium Density Residential (R- MD/RM), and High Density Residential (R -HD/RH) land use designations and zone districts (for parcels in the Coastal Zone) and in the Old Tow n Commercial (C -OT/OT) land use designation and zone district. To implement this subprogram, amendments are proposed for Table 2-1 and Table 2-2 of the Land Use Element to increase the “Structure Height” standard as detailed above. Accompanying amendments to Tables 17.07.030 and 17.08.030 of the GMC to adjust “Maximum Building Height (ft.)” are also proposed. (See subsections 4(B)(2) and 4(F) of the Proposed Ordinance.)

Lot Coverage

Housing Element subprogram HE 2.1(i) includes amendments to increase the lot coverage in the R -HD/RH land use designation and zone district. To implement this subprogram, an amendment to Land Use Element Table 2-1 is proposed to increase the “Maximum Lot Coverage Ratio” for R -HD from “0.40” to “0.50.” An amendment to Table

17.07.030 of the GMC is also included to change the Maximum Lot Coverage standard in the RH Zone District from 40% to 50%. (See subsection 4(B)(1) of the Proposed Ordinance.)

Shared Parking Approvals

Housing Element subprogram HE 2.3(d) (Parking Standards) includes a Title 17 amendment to remove the Major CUP requirement for shared parking reductions. The removal of the Major CUP requires an amendment to subsection 17.38.050(B) of the GMC. In removing the Major CUP requirement, the decision on whether to grant a shared parking reduction would be left to the Review Authority for a project. If the shared parking agreement is not proposed as part of a larger project, a Land Use Permit would be required. The findings listed in subsection 17.38.050(B)(1) -(4) woul d still apply. (See subsection 4(V) of the Proposed Ordinance.)

Inclusionary Housing Procedures

As part of the Housing Element 2023-2031 amendments adopted on December 5, 2023, the City made a minor amendment to subprogram HE 2.5(c) to allow alternative compliance with the City’s inclusionary housing policy (e.g., not build the affordable units on site) to be approved by the Review Authority for the project (as opposed to only being approvable by City Council under the previous policy). Two amendments are now needed to the City’s inclusionary housing regulations in Section 17.28.050 of the GMC to effectuate this policy change. (See subsections 4(O) and 4(R) of the Proposed Ordinance.)

The default term for inclusionary units in subsection 17.28.050(C) is a lso amended to reflect the updated expected term of affordability for inclusionary units of 55 years. This 3 Meeting Date: April 2, 2024

term is consistent with updated language in subprogram HE 2.5(h). (See subsection 4(M) of the Proposed Ordinance.)

Emergency Shelters

During the previous round of Title 17 amendments, the City revised the development standards for Emergency Shelters to ensure compliance with Government Code Section 65583(a)(4)(B) (which limits the standards that the City can apply to the use). However, the City needs additional Title 17 amendments related to Emergency Shelters to ensure compliance with Assembly Bill (AB) 2339 (2022). Based on AB 2339, Housing Element subprogram HE 3.2(b) includes a zoning amendment to allow Emergency Shelters as an allowed use in the Office and Institutional (OI) zone district. The implementing amendment to Table 17.09.020 is included in the Proposed Ordinance. (See subsection 4(G)(3) of the Proposed Ordinance.)

The definition of “Emergency Shelter” in Section 17.72.020 i s also amended to include other interim interventions, including but not limited to navigation centers, bridge housing, and respite and recuperative care facilities, consistent with Government Code Section 65583(a)(4)(C) and Housing Element subprogram HE 3 .2(b). (See subsection 4(LL) of the Proposed Ordinance.)

State Law Consistency

Below is a summary of amendments needed to ensure Title 17 complies with, and implements the requirements of State law.

Density Bonus

Under State Density Bonus Law, the City cannot require special studies, such as a financial pro forma, to prove that requested incentives and concessions are necessary to make the housing development financially feasible. Currently, subsection 17.27.030(A)(1) of the GMC requires that for any re quest for an incentive or concession under State Density Bonus Law, the applicant must provide “financial data showing how the incentives are necessary to make the affordable units feasible.” This language is proposed for revision to only require the applicant to provide “reasonable documentation showing how the incentives or concessions will result in cost reductions for the project.” The revised language represents the limits the City can require. (See subsection 4(I) of the Proposed Ordinance.)

Electrical Vehicle Charging Stations

Electric vehicle (EV) charging station requirements are currently included in subsection

17.38.110(G) of the GMC. As part of the City’s building regulations, development must also adhere to the 2022 California Green Bu ilding Standards Code, Title 24, Part 11 (CALGreen). CALGreen is referenced in Chapter 15.12 of the GMC. State building codes such as CALGreen are updated every three years with an intervening code update halfway through the three-year cycle. The 2022 CALG reen intervening code update will 4 Meeting Date: April 2, 2024

go into effect on July 1, 2024. This update will include mandatory EV charging station requirements that are greater than what is found in subsection 17.38.110(G). The EV charging station standard in Title 17 is proposed f or removal in the Proposed Ordinance (with a reference to Title 15 for EV charging station requirements) to ensure that the City is not providing a standard in Title 17 that does not reflect the full EV charging station requirement the City would require o nce a project is reviewed for building code consistency. Note that to ensure there is always an EV charging station requirement in place, the amendment to subsection 17.38.110(G) will only become effective on July 1, 2024, when the CALGreen update goes into effect. (See subsection 4(X) and Section 10 of the Proposed Ordinance.)

Accessory Dwelling Units

Assembly Bill (AB) 979 (2023) permanently eliminated the ability for a local jurisdiction to require the owner of an Accessory Dwelling Unit (ADU) to reside in either the ADU or the primary residence on the site. The City’s current ADU regulations require owner - occupancy for all ADUs that are permitted on or after January 1, 2025 (subsection

17.41.030(E)(7)(b)). This provision is proposed for deletion, consistent with the change in State ADU law. (See subsection 4(AA) of the Proposed Ordinance.)

Proposed Minor Revisions

Below is a discussion of minor revisions staff identified as warranting revisions based on the administration of Title 17 to development applications and inquiries.

Planned Residential (RP) Zone District Street Side Setbacks

Under Title 17, the street side setbacks in RP are as follows:

 For lots less than 100 feet in width: 20% of lot width, with a minimum of 10 feet.  For lots 100 feet or more in width: same as the required front setback (20 feet).

When considered together, the minimum street side setback is 10 feet, but is typically greater, regardless of the housing type (single unit vs. mu ltiple unit) on the site. For comparison, the street side setback for Single Family Residential (RS) is 10 feet. An amendment is proposed to add subsection 17.07.030(G), and a cross-reference in Table

17.07.030 to provide that, if the principal use on a lo t in RP is a detached single -unit dwelling, the street side setback is 10 feet (to match the RS standard). This standard would mirror an allowance in the City’s zoning regulations prior to adoption of Title 17 and would thus remove nonconformities created with the adoption of Title 17. (See subsections 4(B)(4) and 4(C) of the Proposed Ordinance.)

Allowances for Boarding, Kennels

Boarding Kennels are currently not an allowed use in the General Industrial (IG) and Service Industrial (IS) Zone Districts. However, such locations may work well for Boarding Kennels because they would typically be located away from residential units and denser 5 Meeting Date: April 2, 2024

commercial uses. An amendment is proposed to Table 17.10.020 to allow Boarding Kennels in IG and IS with a Minor CUP. The Minor CUP will allow the City to address any use compatibility issues, such as noise, that can be associated with Boarding Kennels.

The amendment would be consistent with General Plan as the comparable use in General Plan is “Other Services”, which is all owed in IS and IG. (See subsection 4(H) of the Proposed Ordinance.)

A companion amendment is proposed in Section 17.72.030 for the definition of “Boarding, Kennel.” The use currently only applies where the animals being boarded are not owned by the kennel. In the example of Santa Barbara Humane, the organization technically owns and shelters the animals being boarded that are up for adoption. The change in definition will broaden the use to include typical boarding activities undertaken by non - profit organizations. (See subsection 4(MM) of the Proposed Ordinance.)

Sign Materials

Title 17 includes subsection 17.40.060(K) regarding materials for signs. Currently, this subsection includes no explicit prohibitions on any certain type of sign material. I n order to ensure signs are durable and long-lasting, a proposed amendment is included to prohibit vinyl (and similar materials) for permanent signs (but allow such materials for temporary signs). (See subsection 4(Y) of the Proposed Ordinance.)

Sign Area Allowances

The overall sign area allowance for a parcel is regulated in Title 17 by the length of street frontage for the parcel. As written, this frontage can include Highway 101, even though the parcels adjacent to Highway 101 are not accessible from this frontage. For sites along Highway 101, including this frontage allows for significantly greater signage on site than would otherwise be allowed. This could allow for either (1) large signs oriented towards drivers traveling on Highway 101 or (2) excess ively large signage along other parcel frontage(s). To remedy this, an amendment to Subsection 17.40.060(O)(1) is proposed to clarify that sign area allowance calculations exclude frontage along Highway 101. (See subsection 4(Z) of the Proposed Ordinance.)

Development Thresholds for Minor Changes to Zoning Permits

During the fourth round of Title 17 amendments in 2023, the City chose not to include as a threshold for a Substantial Conformity Determination (SCD) in subsection

17.52.100(B)(1)(a) that “[t]he project has not been the subject of substantial public controversy, nor is there reason to believe the change is likely to create substantial public controversy” because it does not serve as a measurable threshold staff can implement without having to mak e a subjective decision. During the Planning Commission hearing on that issue in 2023, an observation was made that the same “threshold” is included in subsection 17.52.100(A)(1)(g) for changes to Zoning Permits. Consequently, a companion amendment is incl uded in this round of Title 17 amendments to remove the “substantial public controversy” threshold for changes to Zoning Permits. (See subsection 4(JJ) of the Proposed Ordinance.)
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Exemption for Certain Interior Floor Area Expansions

Title 17 includes an exemption from Zoning Permits (such as Land Use Permits and Zoning Clearances) for interior alterations, including tenant improvements, that both (1) do not result in an increase in the floor area within the structure and (2) do not increase the required number of parking spaces in subsection 17.53.020(M). In some instances, particularly in residential uses, there are circumstances where interior floor area is added, but without increasing the number of required parking spaces. Under the existing limited exemption, that type of interior work would need a Zoning Permit even though there is nothing to review regarding Title 17 (as there are no exterior changes to the structure and there is no change in parking required). To address this, a proposed amendment i s included to remove the reference to increase floor area in subsection 17.53.020(M). With the amendment, interior alterations would only need a zoning permit if the alteration increased the required parking for the use. (See subsection 4(KK) of the Propos ed Ordinance.)

Expiration and Time Extensions for Substantial Conformity Determinations and Amendments

Title 17 includes expiration periods for three categories of approvals in subsection

17.52.090(C). These include (1) Discretionary Actions, (2) Zoning Permits, and (3) City Projects. Substantial Conformity Determinations (SCDs) and Amendments (both typically changes to approved Development Plans) do not fall within any of these categories. This has led to ambiguity as to when approvals of SCDs and Amendments expire if the entitled development has not occurred. To clear this up, an amendment is included in t he Proposed Ordinance to include SCDs and Amendments with the expiration rules for Zoning Permits. This would require the applicant to receive an effectuating permit, typically a Zoning Clearance, within one year. After that, the applicant would have two years to begin construction of the development. An accompanying amendment to include SCDs and Amendments in the provisions for time extensions in subsection 17.52.090(D) is also proposed. (See subsections 4(HH) and 4(II) of the Proposed Ordinance.)

Clean-Up Revisions

The Proposed Ordinance also includes several clarifying amendments to clear up ambiguities, improve formatting, or correct typographical errors. Below is a brief summary of these proposed changes:
 Clarify that the Planning and Environmental Review Director determines which lot lines are the front, side, and rear lot lines on irregular lots for purposes of measuring setbacks, not for actually determining the distances of setbacks on irregular lots. (See Section 4(A) of the Proposed Ordinance.)  Addition of a note in Table 17.07.030 to make clear that, while development in the RS District does not have a Maximum Lot Coverage standard, there are maximum floor area standards for the RS District in subsec tion 17.07.040(A). (See subsection 4(B)(3) of the Proposed Ordinance.)
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 Revision in subsection 17.07.040(A) to make clear that the trigger for Design Review Board review of floor area additions in the RS District is where the “expansion” is an exterior expansion (as opposed to additional floor area that does not change the exterior of the structure). This revision resolves a conflict with subsection 17.58.020(A)(3). (See Section 4(D) of the Proposed Ordinance.)  Syntactical and typographical corrections in Chapter 17.28, Inclusionary Housing. (See subsections 4(J), 4(K), 4(L), 4(N), 4(P), 4(Q), 4(S), 4(T), and 4(U) of the Proposed Ordinance.)
 Make clear in subsection 17.38.110(F) that driveways to required parking must be free of obstruction and accessible (an d not used for storage). (See subsection 4(W) of the Proposed Ordinance.)
 Change the regulations regarding household pets in subsection 17.41.060(A) to make clear that the standards apply to the residential keeping of pets. Currently, the regulations apply to “noncommercial” keeping of animals. This has led to concern regarding non-profit animal shelters needing to adhere to the “Household Pets” standards. (See subsection 4(BB) of the Proposed Ordinance.)  Change references in the Short -Term Vacation Rental standards (subsection

17.41.240) from “Permit” to “License,” consistent with changes elsewhere in the GMC. (See subsection 4(CC) of the Proposed Ordinance.)
 Add a dimensional standard (“high”) to the three feet vehicle light intrusion obstruction standard in subsection 17.44.020(B)(6). (See subsection 4(DD) of the Proposed Ordinance.)
 Delete a reference to “discretionary” applications in subsection 17.50.020(A), as the rules of applications subject to more than one review authority should apply to all applications, not just discretionary applications. (See subsection 4(EE) of the Proposed Ordinance.)
 A redundant noticing requirement is deleted in subsection 17.52.050(B)(2). (See subsection 4(FF) of the Proposed Ordinance.)
 Provide an end point for when an on-site posted notice must remain up (at the end of the appeal period) in subsection 17.52.050(C)(3)(b). Currently, the notice must be posted 15 days prior to a public hearing or Director action, but there is no clarity on when the notice can then be removed. (See subsection 4(GG) of the Proposed Ordinance.)
 The parcel identified as APN CA 069 -380-011 is labelled RS -1.8 on the City’s Zoning Map. This parcel should not have a minimum lot size (as the “1.8” was part of a “Design Residential” designation under old County Code). As such, this label is removed. (See Section 5 of the Proposed Ordinance.)

ENVIRONMENTAL REVIEW

The amendments are not subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) p ursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of 8 Meeting Date: April 2, 2024

Regulations) because the activity is not a project as defined in Section 15378(a) but it is an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment pursuant to Section 15378(b)(5).

The amendments are also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Furthermore, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are cons istent with the development density of existing zoning, community plan, or General Plan policies for which an Environmental Impact Report (EIR) was certified shall be exempt from additional CEQA analysis, except as may be necessary to determine whether the re are project-specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial information indicating that the impacts of adopting the amendments will be more severe than described in the General Plan EIR and there are no cumulative or off -site impacts from the proposed amendments that were not addressed in the General Plan EIR.

Finally, on December 5, 2023, the City Council adopted Resolution 23 -63, adopting an Addendum to the Goleta General Plan/Coastal Land Use Plan EIR (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council. The Addendum analyzed the environmental impacts of the actions taken in this ordinance related to Housing Element 2023 -2031 implementation. The resolution to adopt the Addendum satisfied the City Council’s obligations under CEQA with respect to adopting the amended Housing Element 2023-2031 and amending the General Plan and Title 17 of the Goleta Municipal Code as detailed in the Housing Element 2023-2031 and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental review is required for the amendments to implement the Housing Ele ment 2023-2031 as the adoption of those amendments falls within the scope of the adopted Addendum and previously certified EIR.

A draft of the proposed Notice of Exemption is provided as Attachment 4.

FISCAL IMPACTS:

There is no direct fiscal impact from the adoption of the Proposed Ordinance. Funding for Planning and Environmental Review staff time to prepare the amendments was included in the adopted FY 202 3-24 Budget under Program 4300 of the Advance Planning Division.

ALTERNATIVES:

The City Council could choose not to adopt the amendments. Failure to adopt the amendments would delay the City’s implementation of the adopted Housing Element, 9 Meeting Date: April 2, 2024

maintain inconsistencies between State law and the City’s zoning regulations, and delay needed improvements to Title 17.

LEGAL REVIEW BY: Megan Garibaldi, City Attorney

APPROVED BY: Robert Nisbet, City Manager

ATTACHMENTS:

1. Resolution No. 24 -__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprograms HE 2.1(g), 2.1(h), and 2.1(i) (Case No. 21-0002-GPA)

Exhibit A: Land Use Element Amendments

2. Ordinance No. 24 -__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 23-0007-ORD)”

3. Title 17 Proposed Ordina nce Amendments in Tracked Changes Table (For Reference Purposes Only)

4. Notice of Exemption

5. Staff Presentation
10 Attachment 1

Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031 Subprograms HE 2.1(g), 2.1(h), and

2.1(i) (Case No. 21-0002-GPA)

11 RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GOLETA, CALIFORNIA, AMENDING THE GENERAL PLAN /

COASTAL LAND USE P LAN TO IMPLEMENT HOUSING
ELEMENT 2023 -2031 SUBPROGRAMS HE 2.1(G), 2.1(H), AND

2.1(I) (CASE NO. 21-0002-GPA)

WHEREAS the City of Goleta’s General Plan / Coastal Land Use Plan (“General Plan ”) includes a Land Use Element and Housing Element among other elements; and

WHEREAS the Planning Commission conducted a duly noticed public hearing on November 13 and 15, 2023 to consi der amendments to the Housing Element 2023-2031 at which time all interested persons were given an opportunity to be heard . Following the public h earing, the Planning Commission recommended, on N ovember 15, 202 3, that the City Counc il adopt the amendments to the Housing Element 2023-2031; and

WHEREAS, among other things, the amended Housing Element 2023- 2031 includes Implementation Programs. Among these Programs is Program HE

2.1, entitled “Encourage a Diverse Range of New Housing”; and

WHEREAS Program HE 2.1 includes subprograms (f)-(k), which have an implementation timeframe of December 2024; and

WHEREAS subprogram HE 2.1( g) requires General Plan amendments to remove the Major Conditional Use Permit requirement for mixed -use housing in the Old Town Commercial, Community Commercial, and Office and Institutional land use designations; and

WHEREAS subprogram HE 2.1( h) requires General Plan amendments to change the height maximums to 35 feet for the Planne d Residential, Medium - Density Residential, and High -Density Residential land use designations (in the Coastal Zone) and in the Old Town Commercial land use designation; and

WHEREAS subprogram HE 2.1(i) requires a General Plan amendment t o increase lot coverage maximum in the High -Density Resid ential land use designation to 50 percent; and

WHEREAS the Planning Commission Council conducted a duly notice d public hearing on February 26, 2024, regarding amendments to the General Plan to implement HE 2.1( g), ( h), and ( i), at which time all interested persons were given an opportunity to be heard; and

12 Resolution 24-__
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Resolution 24-__ Housing Element Implementation GPAs
WHEREAS, on February 26 , 202 4, the Planning Commission adopted Resolution 24-03, recommending to the City Council adoption of amendments to the General Plan to implement HE 2.1(g), (h), and (i); and

WHEREAS, the City Council, on December 5 , 2023, adopted an Addendum to the Goleta General Plan/Coastal Land Use Plan Envir onmental Impact Report (“EIR”) (St ate Clearingho use No. 2005031151), which was certified in October 2006 by the City Council. The Addendum an alyzed t he environmental impacts of the actions taken in this Resolution. Adopting the Addendum satisfied the City C ouncil’s obligations und er the California Environmental Quality Act (“CEQA”) regarding amendments to the General Plan to implement HE 2.1( g), ( h), and ( i), and none of the conditions in Public Resources Code section 21166 or S tate CEQA Guidelines section 15162 apply.

Thus, no further environmental review is required as adoption of this Res olution falls within the scope of the adopted Addendum and previously certified EIR; and

WHEREAS the City C ouncil conducted a duly noticed public hearing on December 5, 2024, regarding amendments to the General Plan to implement HE

2.1(g), (h), and (i), at which time all interested persons were given an opportunity to be heard; and

WHEREAS the City Council considered the entire administrative record, including the staff report (and all attachments thereto), the General Plan, the staff presentation, and oral and written testimony from interested persons.

NOW, THE REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA, AS FOLLOWS:

SECTION 1. Recitals

The City Council hereby finds and d etermines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Required Findings for General Plan Amendments

The changes to the Land Use Element to implement HE 2.1(g), (h), and (i) amends the City’s General Plan / Coastal Land Use Pla n. Accordin gly, pursuant to Goleta Municipal Code subsection 17.67.050(C), the City Council hereby finds as follows:

(a) The amendment is consistent with the guiding principle s and goals of the General Plan.

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Resolution 24-__ Housing Element Implementation GPAs
Most pointedly, the Land Use Element in cludes 11 Guiding Principles and Goals for the land use plan of the General P lan. Three of these Principles and Goals are specifically relevant to the programs i ncluded in the Housing Element 2023-2031 amendments. These are shown below:

6. Maintain a balanced community, with a n appropriate mix of residences, workplaces, and services.

7. Maintain an appropriate balance between job -generating development and housing supply.

8. Maintain a balance o f hous ing types, densities, and sizes and ensure creation an d maintenance of qua lity, livable residential environments.

The Land Use Element amendments seek to address needed housing, of various types, based on a review of state law requirements, fair housing data, demographic information, and input from the public through an extensive public outreach process. The amendments seek to ensure a b alanced community with an appropriate mix of housing types to accommoda te the needs of the community. This i ncludes amendments to provide additional housing p otential within t he City to address the housing needs of the community through changes in entitlement processing and development allowances related to housing projects.

Additionally, one of the four main purposes of the General Plan is to provide a unified and coherent framework and vision for the future of the community. By implem enting the General Plan amendments identified in the Housing El ement 2023-2031, the City ensures a unified vision, particular ly considerate of future housing development, thought all elements of the General Plan.

For these reasons, these General Plan amendments are consistent with the guiding principles and goals of the General Plan.

(b) The amendment is deemed to be in the public interest.

The General Plan amendments serve to facilit ate additi onal housing development d uring the eight-year Ho using Element 20 23-2031 planning period. Additional housing, including additional below market rate housing, will help address issues identified in the Housing Element 2023-2031 Technical Appendix such as cost overburden, overcrowded households, and the need to commute fr om outside the City to jobs within the City, thereby benefiting residents and employees wi thin the City.

14 Resolution 24-__
Housing Element Implementation GPAs

Resolution 24-__ Housing Element Implementation GPAs
These amendments implement the amendments to the Housing Element 2023-2031, thereby implementing re quirements for consistency with state housing law. Additionally, these amendments are needed to facilitate future housing development.

For these reasons, the General Plan amendments a re in the public interest.

SECTION 3. City Council Action

The City Council takes the following action:

Amend the text of the Land Use Element as shown in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 4. Certification

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 5. Effective Date

This resolution shall become effective immediately upon its adoption.

SECTION 6. Severability

If any section, sentence, cl ause or phrase of this resolution or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional by a court of competent jurisdiction, such in validity or u nconstitutionality shall not af fect other provisions or applications of this resolution that can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable. The City Council hereby declares tha t it would have adopted this resolution and each section, sentence, clause or phrase thereof, irrespective of the fac t that any one or m ore section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 15 Resolution 24-__
Housing Element Implementation GPAs

Resolution 24-__ Housing Element Implementation GPAs
PASSED, APPROVED AND ADOPTED this __ day of _____ 2024.

__________________________

PAULA PEROTTE, MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY
16 Resolution 24-__
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Resolution 24-__ Housing Element Implementation GPAs

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta , California, DO HEREBY CERTIFY that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the ___ day of ______, 2024 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

17 Exhibit A

Land Use Element Amendments
18 TABLE 2-1

ALLOWABLE USES AND STANDARDS FOR RESIDENTIAL USE CATEGORIES Allowed Uses and Standards Residential Use Categories

R-SF R-P R-MD R-HD R-MHP
Residential Uses
One Single-Family Detached Dwelling per Lot X X - - -
Single-Family Attached and Detached Dwellings X X X X - Multiunit Apartment Dwellings - X X X -
Mobile Home Parks - - - - X
Second (Accessory) Residential Units X X - - -
Assisted-Living Residential Units - - X X -
Other Uses
Religious Institutions X X X X -
Small-Scale Residential Care Facility X X - - -
Small-Scale Day Care Center X X X X X
Public and Quasi-public Uses X X X X -
Accessory Uses
Home Occupations X X X X X
Standards for Density and Building Intensity
Recommended Standards for Permitted Density
Maximum Permitted Density (units/acres) 5 or less 5.01–13 20 30 15 Minimum Permitted Density (units/acres) N/A N/A 15 157 N/A Recommended Standards for Building Intensity
Structure Height (Inland Area) 25 feet 35 feet 35 feet 35 feet 25 feet Structure Height (Coastal Zone) 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Lot Coverage Ratio N/A 0.30 0.30 0. 540 N/A
Notes:

1. Use Categories: R-SF– Single-Family Residential; R-P – Planned Residential; R-MD – Medium-Density Residential; R-HD – High-Density Residential; R-MHP – Mobile Home Park.

2. X indicates use is allowed in the use category; - indicates use not allowed.

3. General Note: Some uses requiring approval of a conditional use permit are set forth in text policies, and others are specified in the zoning code.

4. The standards for building intensity recommended by this General Plan pursuant to Government Code Section 65302(a) may be revised by a Resolution of the decision-making body of the City for specific projects based upon a finding of good cause.

5. Central Hollister Housing Opportunity Sites in the R-MD land use designation (as identified in Housing Element Subpolicy HE11.6) shall provide for development of residential units at densities ranging from a minimum of 20 to a maximum of 25 units per acre.

6. N/A = Not applicable.

7. The minimum density for sites designated as R-HD as part of Housing Element 2023-2031 subprogram HE 2.1(a) is 20 units/acre. (Amended by Reso. 08-30, 6/17/08; Reso. 09-32, 5/19/09; Reso. 09-44, 8/18/10; and Reso. 23-69, 12/05/23)

LU 3.3 Community Commercial (C-C). [GP] The Community Commercial category is intended to allow relatively small commercial centers that provide convenience goods and services to serve the everyday needs of the surrounding residential neighborhoods while protecting the residential character of the area. Uses that may attract significant traffic volumes from outside the Goleta Valley are discouraged. Mixed-use, including residential, development at densities up to 20 units per acre may be permitted subject to approval of a conditional use permit in appropriate locations provided that it is compatible with adjacent uses, does not break up the continuity of commercial use at the sidewalk level. All community commercial development shall be designed to facilitate and promote pedestrian circulation in and to the area, as well as to link these areas to other activity centers. Noise levels and hours of operation may be regulated to avoid any potential conflict with adjacent residential uses. The size of any mixed-use developments shall be consistent with street and utility capacities.

The Fairview Shopping Center and Calle Real Center are included in this designation.
(Amended by Reso. 23-60, 11/07/23 and Reso. 23-69, 12/05/23) 19 TABLE 2-2

ALLOWABLE USES AND STANDARDS FOR COMMERCIAL USE CATEGORIES Allowed Uses and Standards Commercial Use Categories

C-R C-C C-OT C- VS C-I C-G
Retail Trade
Large-Scale Retail Establishments X X – – – –
General Merchandise X X X – – X
Food and Drug Stores X X X – X X
Apparel and Specialty Stores X X X – – X
Building/Landscape Materials and Equipment X X X – – X
Eating and Drinking Establishments X X X X X X
Other Retail Trade Establishments X X X X – X
Coastal-Related Commercial X X X X – –
Services (Including Offices)
Finance, Insurance, and Real Estate X X X – – X
Personal Services X X X – – X
Business Services – X X – – X
Information Technology Services – – – – – X
Professional Services – X X – – X
Medical and Health-Related Services X X X – – –
Educational Services – – X – – X
Entertainment and Recreation Services X X X X – X
Building and Construction Services – – – – – X
Other Services X X X X X X
Transient Lodging and Services
Resorts – – – X – –
Hotels, Motels, Bed and Breakfast Inns X X X X – –
RV Parks – – X X – X
Other Visitor Services and Attractions – – – X – X
Auto-Related Uses
Retail – Automotive Sales and Rentals – – X – – X
Auto Repair and Painting – – – – – X
Auto Wrecking Yard/Junk Yard – – – – – X
Auto Service (Gas) Station X – X – X X
Car Wash – X X – X X
Wholesale Trade and Storage
General Wholesale Trade – – – – – X
Warehousing – General – – – – – X
Warehousing – Self-Storage – – – – – X
Outdoor Storage – – – – – X
Residential Uses
Residential Units – X X – – –
One Caretaker Unit X X X X – X
Assisted-Living Residential Units – – – – – X
Other Uses
Religious Institutions – X X – – X
Public and Quasi-public Uses X X X – X X
Wireless Communications/Telecommunications X X X X X X
Standards for Density and Building Intensity
Recommended Standards for Density
Maximum Residential Density N/A 20/acre 20/acre N/A N/A 20/acre Recommended Standards for Building Intensity
Structure Height 35 feet 35 feet 3 50 feet 35 feet 25 feet 35 feet Maximum Lot Coverage Ratio N/A N/A N/A N/A N/A N/A
Notes:

1. Use Categories: C-R – Regional Commercial; C-C – Community Commercial; C-OT – Old Town Commercial; C-VS – Visitor Commercial; C-I – Intersection; Commercial; C-G – General Commercial.

2. X indicates use is allowed in the use category; – indicates use not allowed.

3. General Note: Some uses requiring approval of a conditional use permit are as set forth in text policies, and others are specified in the zoning code.

4. Wholesale trade is permitted within the C-R use category, provided that it is an integral part of a retail trade use.

5. The standards for building intensity recommended by this General Plan pursuant to Government Code Section 65302(a) may be revised by a Resolution of the decision-making body of the City for specific projects based upon a finding of good cause.

6. N/A = Not applicable.
(Amended by Reso. 08-30, 6/17/08; Reso. 09-32, 5/19/09; Reso. 21-49, 10/19/21; and 23-69, 12/05/23)

20 LU 3.4 Old Town Commercial (C-OT). [GP] This designation is intended to permit a wide range of local- and community-serving retail and office uses. A major purpose is to enhance the physical and economic environment for existing businesses and uses of the Old Town commercial district, the historic center for the Goleta Valley situated along Hollister Avenue between Fairview Avenue and State Route 217 (SR-217).

The following criteria and standards shall apply to lands designated Old Town Commercial:
a. Management of this area shall emphasize improving and reinforcing the character of the area as a pedestrian-oriented retail business area with a mix of businesses and services.
b. “Large box” uses shall not be permitted within this use designation. c. Visitor-serving commercial
uses, including transient
lodging, may be permitted by
conditional use permit.
d. Existing heavy commercial
uses (including printing and
auto services and repair) are
permitted uses although
significant expansion of these
activities shall be allowed only
by conditional use permit if the
expansion is compatible with
adjacent uses.
e. Allowed uses include retail
uses; professional and
business office uses; public
uses, including governmental administration activities; restaurants; entertainment; cultural activities; personal, financial, and small business services; and various other public and quasi-public uses. See Table 2-2 for a complete listing of permitted uses.
f. Any new development in the Old Town Commercial category shall include buildings, pedestrian plazas, design amenities, and facilities that are consistent with the Goleta Old Town Heritage District architecture and design guidelines. g. Continuity of retail and office uses is required at the street or sidewalk level.

Residential and office uses may be allowed on the second floor of a structure or behind the portion of a building adjacent to the street, subject to approval of a conditional use permit.
h. Residential uses may be approved only in conjunction with a permitted principal nonresidential use on the same site.
i. New uses or design features (such as drive-through windows, excessive light and glare) that are incompatible with residential uses or pedestrian-oriented retail activities are prohibited.

Old Town Commercial
21 Attachment 2

Ordinance No. 24-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 23-0007-ORD)”

22 Ordinance No. 24-__ Title 17 Amendments Page 1
ORDINANCE NO. 24-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADOPTING VARIOUS AMENDMENTS T O TITLE 17
(ZONING) OF THE GOLETA MUNICIPAL CODE AND FINDING THE

AMENDMENTS TO BE EXE MPT FROM THE CALIFOR NIA
ENVIRONMENTAL QUALITY ACT (CASE NO. 23-0007-ORD)

WHEREAS the City of Goleta (City) adopted Title 17 (Zoning) of the Goleta Municipal Code (GMC) on March 3, 2020; and

WHEREAS, since the adoption of Title 17, City staff has identified a variety of edits that are needed to improve Title 17 by addressing State law, remedying minor errors and inconsistencies, and by providing clarification for other ambiguities; and

WHEREAS, on Dec ember 5, 2023, the City adopted an amended Housing Element 2023-2031; and

WHEREAS the amended Housing Element 2023-2031 includes several programs that require the City to process Title 17 amendments and. in some instances, Land Use Element amendments; and

WHEREAS, by separate action taken on December 5, 2023, the City Council adopted Resolution 23-__, adopting an Addendum to the General Plan Environmental Impact Report (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council for the Housing Element 2023 -2031 amendments and implementing General Plan and Title 17 amendments; and

WHEREAS the Planning Commission conducted a duly noticed public hearing on February 26, 2024, at which time all interested p arties were given an opportunity to be heard; and

WHEREAS the Planning Commission recommended to City Council adoption of the Title 17 Amendments Ordinance on February 26, 2024; and

WHEREAS the City Council conducted a duly noticed public hearing on _________ __, 2024 at which time all interested persons were given an opportunity to be heard; and

WHEREAS the City Council adopted Ordinance No. 24-__, which amends Title 17 of the GMC, by a majority vote on _________ __, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1 Recitals

23 Ordinance No. 24-__ Title 17 Amendments Page 2
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2 Required Findings for Ordinance Amendments

Pursuant to subsection 17.66.050(B) of the Goleta Municipal Code , the City Council makes the following findings:

1. The amendment is consistent with the General Plan , the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.

The Ordinance, which amends the Goleta Municipal Code Title 17, is consistent with all applicable provisions of the City’s General Plan that relate to development on real property throughout the City . Many of the textual amendments relate to minor clerical revisions that do not alter the previous finding s of Title 17 consistency with the General Plan.

The Ordi nance serves as implementation of various Housing Element implementation programs to support housing . Specifically, the Ordinance serves as implementation for Housing Element subprograms HE 2.1(g) (Mixed -Use Housing), HE 2.1(h) (Revised Height Maximums), 2.1(i) (Revised Lot Coverage Methodology and Standards), 2.1(j) (Streamlined Processing), 2.3(d) (Parking Standards), 2.5(c) (Inclusionary Housing), and 3.2(b) (Emergency Shelters).

Implementation of these subprograms also ser ve to align the City’s zoning regulations with State housing law requirements.

Additionally, t he Ordinance will amend Title 17 and bring the City’s zoning regulations into conformity with other aspects of State planning law. Specifically, the ordinance updates the City’s density bonus regulations to align with State Density Bonus Law related to the type of documentation the City can require for a density bonus project. The Ordinance also updates the City’s regulations to align with Assembly Bill (AB) 979, which eliminated the ability for a local jurisdiction to require the owner of an Accessory Dwelling Unit (ADU) to reside in the ADU or the primary residence on the site. Finally, the Ordinance ensures there the City does not have an electrical vehicle (EV) charging station standard that differs from the State requirements.

Therefore, the Amendment is consistent with the General Plan, the requirements of State planning and zoning laws, and Title 17 of the Goleta Municipal Code.

2. The amendment is in the interests of the general community welfare.

The Ordinance, which amends Goleta Municipal Code Title 17, will allow the City to continue to effectively exercise its police power rights over privately-owned real property. These police power s ensure the City’s ability to implement the goals, objectives, and policies of the General Plan, which protect the health, safety, and general welfare of the community . Additionally, the Ordinance provides clarity to 24 Ordinance No. 24-__ Title 17 Amendments Page 3
the City’s zoning regulations to help ensure the consistent application of City land use regulations.

Therefore, the Amendment is in the interest of the general community welfare.

3. The amendment is consistent with good zoning and planning practices.

The Ordinance, which amends Goleta Municipal Code Title 17, will help the City continue to implement the community goals, objectives, and policies of the General Plan. Furthermore, the Amendment will further enable the City to have better control over existing and future land uses an d development on real property throughout Goleta and ensure full compliance with State law controlling the review of certain types of development . By updating Title 17 to align with State planning and building law, including details regarding several aspect of State housing law, the Ordinance is consistent with good zoning and planning practices. Additionally, providing clarity to Title 17 based on issues identified since the adoption of Title 17 demonstrates good zoning regulations maintenance.

Therefore, the Amendment is consistent with good zoning and planning practices.

SECTION 3 Environmental Review

The Ordinance is not subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) pursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity is not a project as defined in Section 15378(a) but it is an organizational or administrative activity by government that will not result in direct or indirect physical changes in the environment pursuant to Section 15378(b)(5).

The Ordinance is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Furthermore, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an Environmental Impact Report (EIR) was certified shall be exempt from additional CEQA analysis, except as may be necessary to determine whether there are project -specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review. There is no new substantial information indicating th at the impacts of adopting the Ordinance will be more severe than described in the General Plan EIR and there are no cumulative or off-site impacts from the proposed Ordinance that were not addressed in the General Plan EIR.

Finally, on December 5, 2023, the City Council adopted Resolution 23 -63, adopting an Addendum to the Goleta General Plan/Coastal Land Use Plan EIR (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council. The 25 Ordinance No. 24-__ Title 17 Amendments Page 4
Addendum analyzed the environmental imp acts of the actions taken in this ordinance related to Housing Element 2023 -2031 implementation. The resolution to adopt the Addendum satisfied the City Council’s obligations under CEQA with respect to adopting the amended Housing Element 2023-2031 and amending the General Plan and Title 17 of the Goleta Municipal Code as detailed in the Housing Element 2023-2031 and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental review is required for Title 17 amendments to implement the Housing Element 2023 -2031 as adoption of those amendments falls within the scope of the adopted Addendum and previously certified EIR.

As such, the Ordinance is exempt from further CEQA review.

SECTION 4 Title 17 of the Goleta Municipal Code Amendments

Title 17 of the Goleta Municipal Code is hereby amended as follows:

A. Subsection 17.03.140(B)(6) is amended to read as follows:

Irregular lots. Setback designations for property boundaries for Irregular Lots, except for Interior, Through, and Flag Lots, shall be determined by the Director. The setback designation(s) shall approximate as closely as possible the required setback designations of corresponding setbacks on rectangular lots in the app licable zone district. The underlying base zoning district setback standards apply to setback designations made by the Director.

B. Table 17.07.030 is amended as follows:

1. For Maximum Lot Coverage: Change “40%” to “50%” in the “RH” District cell.

2. For Maximum Building Height (ft.): Change “35 Inland Area; 25 Coastal Zone” in the “RP,” “RM,” and “RH” District cells to “35” for each District in a separate cell.

3. Add the following text in the “Maximum Lot Coverage” row cell for “Additional Regulations” that reads:

See subsection 17.07.040(A) for Maximum Floor Area standards in the RS District.

4. Add a “(G)” after the text in the cell for Street Side Setback for the RP, RM, and RH Districts.

C. Subsection 17.07.030(G) is added to read in its entirety:

Street Side Setbacks in RP . Where the principal use on a parcel in the RP Zone District is a Detached Single-Unit Dwelling, the Street Side Setback standard shall be 10 feet.

D. Subsection 17.07.040(A) is amended to read, without change to Table 17.07.040, as follows:
26 Ordinance No. 24-__ Title 17 Amendments Page 5

Maximum Floor Area. No single-unit dwelling or habitable accessory structure may be constructed or exteriorly expanded unless the proposed structure or expansion complies with the following standards for maximum allowable floor area for all structures on the lot, including garages. Development that exceeds these floor area standards may be approved subject to Design Review approval by the Design Review Board.

E. Table 17.08.020 is amended as follows:

1. Change “CU/P 1” to “P 1” in the cells for “Multiple-Unit Development” in the “CC” and “OT” Districts.

2. Change Note 1 to read in its entirety: “Only mixed-use developments.”

F. Table 17.08.030 is amended as follows:

For Maximum Building Height (ft.) in the “OT” District cell, change “30” to “35.”

G. Table 17.09.020 is amended as follows:

1. Change “CU/P1” to “P 1” in the cells for “Multiple -Unit Development” in the “CC” and “OT” Districts.

2. Change Note 1 to read in its entirety: “Only mixed-use developments.”

3. Change the “-“ to “P” for “Emergency Shelters” in the OI District.

H. Table 17.10.020 is amended as follows:

For both IS and IG, add a row for “Boarding, Kennel” under “Commercial Uses” and allow in both IS and IG with “MU”.

I. Subsection 17.27.030(A)(1) is amended to read as follows:

The applicant must request in the application the incentives or concessions the applicant wishes to obtain, together with reasonable documentation showing how the incentives and/or concessions will result in cost reductions for the project. Applications will be reviewed and processed according to the provisions of Chapter 17.52, Common Procedures.

J. Subsection 17.28.010(B) is amended to read as follows:

Support General Plan policies intended to promote and maintain a balanced and economically diverse community with a mix of workplaces and residential uses that offer a variety of housing types to meet the needs of an economically diverse work force, thereby reducing both adverse impacts on air quality and energy consumed by commuting;
27 Ordinance No. 24-__ Title 17 Amendments Page 6

K. Subsection 17.28.010(D) is amended to read as follows:

Construct new affordable units on the same site as new market-rate construction and only when this is infeasible, provide comparable new or substantially rehabilitated affordable units at another site of similar neighborhood character;

L. Subsection 17.28.020(B)(1) is amended to read as follows:

Projects to construct one single-unit dwelling on an existing “R” zoned lot;

M. Subsection 17.28.050(C) is amended to read as follows:

Length of Term. The term of affordability restrictions shall generally be 55 years but not less than 30 years, and must provide for monitoring and reporting in a manner acceptable to the City.

1. Required Finding. If proposing an affordability restriction term of less than 55 years, the following finding must be made by the City Council:

a. The term of affordability of less than 55 years better serves the City’s goals for affordable housing.

N. Subsection 17.28.050(D)(2)(a)(ii) is amended to read as follows:

Inclusionary units must be regulated by a recorded agreement that requires maintenance of affordable housing units and an affordability covenant or deed restriction. The term of affordability restrictions must be consistent with the term required by this Chapter.

O. Subsection 17.28.050(D)(2)(c) is amended to read as follows:

Required Findings. If proposing either off -site development or a land dedication to meet the requirements of this chapter, each of the following findings must be made by the Review Authority:

i. The development of on-site affordable units is infeasible.

ii. The off -site location is comparable in character and location to the market - rate development location.

P. Subsection 17.28.050(D)(3)(b)(i) is amended to read as follows:

The value of the rehabilitation work is at least 25 percent of the value of the dwelling unit prior to rehabilitation, inclusive of land value.

Q. Subsection 17.28.050(D)(3)(b)(vi) is amended to read as follows:

28 Ordinance No. 24-__ Title 17 Amendments Page 7
The developer of the market-rate units must provide all costs of notice and relocation of existing residents in the residential units to be rehabilitated.

R. Subsection 17.28.050(D)(3)(c) is amended to read as follows:

Required Findings . If proposing an inclusionary housing in -lieu fee payment, acquisition or rehabilitation of existing units, or other alternatives of equal value to the development of affordable units on site to meet the requirements of this Chapter, each of the following findings must be made by the Review Authority:

i. The development of on-site affordable units is infeasible.

ii. The developer demonstrates that the in -lieu fee payment, acquisition and rehabilitation of existing units, or other alternative is of equal value to the provision of the affordable units on site.

S. Subsection 17.28.060(A)(7) is amended to read as follows:

If the developer proposes tradeoffs of extremely low - and very low -income units for low- or moderate -income units, supporting evidence demonstrating that the development of on -site extremely low - and very low - income units is infeasible and that the City’s housing goals can be more effectively achieved through the proposed tradeoffs.

T. Subsection 17.28.060(C) is renamed “Principal Residence Requirement “.

U. Subsection 17.28.070(A) is amended to read as follows:

General Eligibility. No household may purchase, rent, or occupy an inclusionary unit unless the City or City’s designee has approved the household’s eligibility based on income and affordability levels, as defined in California Health and Safety Code Section 50105 and California Code of Regulations, Section 6932, and, for ownership units, the household and City have executed and recorded an affordability housing covenant in the chain of title of the inclusionary unit.

V. Subsection 17.38.050(B) is amended to read as follows:

Shared Parking. Where shared parking serving more than one use will be provided, the total combined number of required parking spaces may be reduced up to 50 percent with the approval of a Land Use Permit or an otherwise required discretionary action, if the Review Authority finds that:

1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

2. The proposed shared parking provided will be adequate to serve each use at its peak demand;
29 Ordinance No. 24-__ Title 17 Amendments Page 8

3. A parking demand study has been prepared by a traffic engineer and supports the proposed reduction; and

4. In the case of a shared parking facility that serves more than one property, a Conjunctive Parking Agreement has been prepared consistent with the provisions of Section 17.38.070(C), Off-Site Parking, below.

W. Subsection 17.38.110(F)(4) is added to read in its entirety:

Driveway Accessibility. Driveways must be free of obstruction and accessible to all required parking.

X. Subsection 17.38.110(G) is amended to read as follows:

Electric Vehicle Charging Stations. Electric vehicle (EV) charging stations must be provided consistent with Title 15 (Building and Construction).

Y. Subsection 17.40.060(K) is amended to read as follows:

Materials. Sign materials must be appropriate for the type, location, size, and purpose of the sign, whether intended to be a permanent or temporary sign. Vinyl and similar materials may only be used for temporary signs and not as permanent signage materials.

Z. Subsection 17.40.060(O)(1) is amended (with no change to Table 17.40.060(O)) to read as follows:

Maximum Sign Area . Table 17.40.060(O) establishes t he maximum sign area per zoning district, exclusive of exempt signs and signage allowances for specific uses.

For purposes of Table 17.40.060(O), frontage along Highway 101 does not count towards maximum sign area.

AA. Subsection 17.41.030(E)(7) is amended to read as follows:

Owner-Occupancy.

a. ADUs are not subject to an owner-occupancy requirement.

b. All JADUs are subject to an owner -occupancy requirement under State law. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner -occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

BB. Subsection 17.41.060(A) is amended to read as follows:

30 Ordinance No. 24-__ Title 17 Amendments Page 9
Household Pets. The keeping of small domestic household pets such as cats, dogs, and birds for residential purposes is allowed. The keeping of more than three dogs aged six months or more is subject to approval of a Minor Conditional Use Permit, pursuant to Chapter 17.57, Conditional Use Permits.

CC. Subsection 17.41.240(A) is amended to read as follows:

License Required . No Zoning Permit is required for short -term vacation rentals.

However, a City Short-Term Vacation Rental License is required from the City Finance Director.

DD. Subsection 17.44.020(B)(6) is amended to read as follows:

Vehicle Light Intrusion. Vehicle headlights shall be obstructed from direct alignment with habitable interior spaces with a minimum three-foot high evergreen shrub or vine and/or features such as fencing or walls.

EE. Subsection 17.50.020(A) is amended to read as follows:

Applications Subject to More Than One Review Authority. When two or more applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one Review Authority in compliance with Table 17.50.020, Review Authority, all applica tions for the project shall be under the jurisdiction of the Review Authority with the highest jurisdiction in compliance with the following descending order:

1. City Council;

2. Planning Commission;

3. Zoning Administrator; and

4. Director.

FF.Delete subsection 17.52.050(B)(2)(c) and re -letter subse quent subsections accordingly.

GG. Subsection 17.52.050(C)(3)(b) is amended to read as follows:

Time Period. For at least the 15 days immediately preceding the date of the public hearing or Director action, if required , through the appeal period of the applicable action.

HH. Subsection 17.52.090(C)(2) is amended to read as follows:

Zoning Permits, Substantial Conformity Determinations, and Amendments.

31 Ordinance No. 24-__ Title 17 Amendments Page 10
a. Approval. An action to approve a Zoning Permit, Substantial Conformity Determination, or Amendment expires one year after the effective date, unless a Zoning Permit has been issued.

b. Issuance. Unless otherwise specified, an issued permit expires two years after its issuance date unless the use or structure for which the permit was issued has been established or commenced in compliance with the issued permit or unless a time extension is approved in compliance with subsection D below.

II. Subsection 17.52.090(D) is amended to read as follows:

Time Extensions . The original Review Authority may approve one - or more -time extension up to a total of two years for any Discretionary Action , Substantial Conformity Determination, Amendment, or Zoning Permit.

1. Application and Fee. The extension m ust be based upon receipt of a written application with the required fee prior to expiration date of the action or permit.

2. Status of Previous Approval . An application for a time extension stays the expiration of the previous approval or permit until action on the request is made. Any time after the original expiration date of the previous approval or permit used to process the extension request counts against the maximum extension period.

3. Required Findings. In considering a time extension, the Review Authority must make the following findings:

a. The grant of the extension must be based upon a finding of good cause.

b. All original findings for approval can still be made.

JJ. Delete subsection 17.52.100(A)(1)(g) and re -letter subsequent subsections accordingly.

KK. Subsection 17.53.020(M) is amended to read as follows:

Interior alterations, including tenant improvements, that do not result in an increase in the required number of parking spaces.

LL.Section 17.72.020 is amended as follows:

1. Amend the use classification for “Emergency Shelter” to read as follows:

Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. This use includes other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. No individual or household may be denied emergency shelter because of an inability to pay in accordance with California Health and Safety Code Section 50801(e).
32 Ordinance No. 24-__ Title 17 Amendments Page 11

MM. Section 17.72.030 is amended as follows:

1. Amend the use classification for “Boarding, Kennel” to read as follows:

A commercial, non -profit, or governmental facility for keeping, boarding, training, breeding, maintaining, or sheltering of dogs, cats or other household pets, whether owned or not owned by the kennel by the owner or operated. Typical uses include pet clinics, pet day care/overnight stays, and animal shelters, but excludes pet shops and animal hospitals that provide 24 -hour accommod ation of animals who are boarded for the sole purpose of receiving medical or grooming services.

SECTION 5 Zoning Map

Remove the “RS 1.8” label from APN CA 069-380-011.

SECTION 6 Effect of Amendments

To the extent any provision of this Ordinance repeals, amends, or supersedes any previous approvals, such re peal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’ s effective date. Any such repealed or superseded part of previous approvals will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 7 Severability

If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 8 Codification

The City Clerk shall cause these amendments to be appropriately renumbered and codified in Title 17 of the Goleta Municipal Code on the effective date of this Ordinance.

SECTION 9 Certification of City Clerk

The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.

SECTION 10 Effective Date

This Ordinance shall take effect on the 31 st day following adoption by the City Council , except for Section 4(X) which shall take effect on July 1, 2024.

33 Ordinance No. 24-__ Title 17 Amendments Page 12
INTRODUCED ON the ___ day of ________, 2024.

PASSED, APPROVED, AND ADOPTED this ________day of ______ 2024.

_________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY
34 Ordinance No. 24-__ Title 17 Amendments Page 13

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 24-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

35 Attachment 3

Title 17 Proposed Ordinance Amendments in Track Changes Table (For Reference Purposes Only)
36 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 1 Citation Revised Text

17.03.140(B)(6)
Irregular lots. Setback designations for property boundaries for Irregular Lots, except for Interior, Through, and Flag Lots, shall be determined by the Director. The setback designation(s) shall approximate as closely as possible the required setback designations of corresponding setbacks on rectangular lots in the applicable zone district. The underlying base zoning district setback standards apply to setback designations made by the Director.

Table 17.07.030 540%
Table 17.07.030 35 Inland Area;
25 Coastal Zone
Table 17.07.030
New 17.07.030(G). Street Side Setbacks in RP. Where the principal use on a parcel in the RP Zone District is a Detached Single -Unit Dwelling, the Street Side Setback standard shall be 10 feet.

New Note in the “Street Side” row under “Additional Regulations” column that reads “G”.

17.07.030 Dev. Reg.

Table – Res. See subsection 17.07.040(A) for Maximum Floor Area standards in the RS District.

17.07.040(A)
Maximum Floor Area. No single-unit dwelling or habitable accessory structure may be constructed or exteriorly expanded unless the proposed structure or expansion complies with the following standards for maximum allowable floor area for all structures on the lot, including garages. Development that exceeds these floor area standards may be approved subject to Design Review approval by the Design Review Board.

Table 17.08.020
CU/P1;
Note 1: Only mixed-use developments. A CUP is required except for developments that qualify for review under Chapter 17.44, Multiple-Unit and Mixed-Use Objective Design Standards.

Table 17.08.030 3035
Table 17.09.020
CU/P1;
Note 1: Only mixed-use developments. A CUP is required except for developments that qualify for review under Chapter 17.44, Multiple-Unit and Mixed-Use Objective Design Standards.

Table 17.09.020 P
Table 17.10.020 MU
37 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 2 Citation Revised Text

17.27.030(A)(1)
The applicant must request in the application the incentives or concessions the applicant wishes to obtain, together with financial data reasonable documentation showing how the incentives and/or concessions are necessary to make the affordable units feasiblewill result in cost reductions for the project. Applications will be reviewed and processed according to the provisions of Chapter 17.52, Common Procedures.

17.28.010(B)
Support General Plan policies intended to promote and maintain a balanced and economically diverse community with a mix of workplaces and residential uses that offer a variety of housing types to meet the needs of an economically diverse work force , thereby reducing both adverse impacts on air quality and energy consumed by commuting;

17.28.010(D) Construct new affordable units on the same site as new market -rate construction and only when this is infeasible, provide comparable new or substantially rehabilitated affordable units at another site o fr similar neighborhood character;

17.28.020(B)(1) Projects to construct one, single-unit dwellings on an existing “R” zoned lot;

17.28.050(C)
Length of Term. The term of affordability restrictions shall must be based on applicable Federal laws and financing mechanisms, generally be 45 to 55 years but not less than 30 years, and must provide for monitoring and reporting in a manner acceptable to the City.

1. Required Finding. If proposing an affordability restriction term of less than 5545 years, the following finding must be made by the City Council:

a. The term of affordability of less than 5545 years better serves the City’s goals for affordable housing.

17.28.050(D)(2)(a)(ii)
Inclusionary units must be regulated by a recorded agreement that requires maintenance of affordable housing units and an affordability covenant or deed restriction. The term of affordability restrictions must be consistent with the length of term required byconsistent with this Cchapter.

17.28.050(D)(2)(c)
Required Findings. If proposing either off-site development or a land dedication to meet the requirements of this chapter, each of the following findings must be made by the Review Authority City Council:

i. The development of on-site affordable units is infeasible.

ii. The off-site location is comparable in character and location to the market -rate development location.

17.28.050(D)(3)(b)(i) The value of the rehabilitation work is at least 25 percent of 25 percent or more than the value of the dwelling unit prior to rehabilitation, inclusive of land value.

17.28.050(D)(3)(b)(vi) The developer of the market-rate units must provide all costs of notice and relocation of existing residen tsce in the residential units to be rehabilitated.
38 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 3 Citation Revised Text

17.28.050(D)(3)(c)
Required Findings. If proposing an inclusionary housing in-lieu fee payment, acquisition or rehabilitation of existing units, or other alternatives of equal value to the development of affordable units on site dedication to meet the requirements of this Chapter, each of the following findings must be made by the Review Authority City Council:

i. The development of on-site affordable units is infeasible.

ii. The developer demonstrates that the in-lieu fee payment, acquisition and rehabilitation of existing units, or other alternative is of equal value to the provision of the affordable units on site.

17.28.060(A)(7)
If the developer proposesd tradeoffs of extremely low- and very low-income units for low- or moderate-income units, supporting evidence demonstrating that the development of on-site extremely low- and very low- income units is infeasible and that the City’s housing goals can be more effectively achieved through the proposed tradeoffs.

17.28.060(C) Principal Residence RequirementOwner-Occupancy Required….

17.28.070
A. General Eligibility. No household may purchase, rent, or occupy an inclusionary unit unless the City or City’s designee has approved the household’s eligibility based on income and affordability levels, as defined in California Health and Safety Code Section 50105 and California Code of Regulations, Section 6932, and, for ownership units, the household and City have executed and recorded an affordability housing covenant in the chain of title of the inclusionary unit.

17.38.050(B)
B. Shared Parking. Where shared parking serving more than one use will be provided, the total combined number of required parking spaces may be reduced up to 50 percent with the approval of a Land Use Permit or an otherwise required discretionary action Planning Commission approval of a Major Conditional Use Permit, if the Review Authority Commission finds that:…..

17.38.110(F) 4. Driveway Accessibility. Driveways must be free of obstruction and accessible to all required parking.

17.38.110(G)
G. Electric Vehicle Charging Stations. Electric vehicle (EV) charging stations must be provided consistent with Title 15 (Building and Construction).In parking facilities containing 20 or more spaces serving residential, offices, and lodging uses, at least 10 percent of parking spaces must be electric vehicle (EV) charging stations.

1. Signage. Each EV charging must be clearly marked with a sign reading “Electric Vehicle Charging Station.”

2. Public Use. EV charging stations may be equipped with card readers, controls, connector devices, and other equipment as necessary to enable use by the general public.
39 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 4 Citation Revised Text

17.40.060(K)
Materials. Sign materials must be appropriate for the type, location, size, and purpose of the sign, whether intended to be a permanent or temporary sign. Vinyl and similar materials may only be used for temporary signs and not as permanent signage materials.

17.40.060(O)(1) Maximum Sign Area. Table 17.40.060(O) establishes the maximum sign area per zoning district, exclusive of exempt signs and signage allowances for specific uses. For purposes of Table 17.40.060(O), frontage along Highway 101 does not count towards maximum sign area.

17.41.030(E)(7)
a. An ADUs that is permitted after January 1, 2020, but before January 1, 2025, is are not subject to any owner-occupancy requirement.

b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 a re subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the pers on’s legal domicile and permanent residence.

bc. All JADUs are subject to an owner-occupancy requirement under State law…

17.41.060(A)
Household Pets. The keeping of small domestic household pets such as cats, dogs, and birds for residential noncommercial purposes is allowed. The keeping of more than three dogs aged six months or more is subject to approval of a Minor Conditional Use Per mit, pursuant to Chapter 17.57, Conditional Use Permits.

17.41.240 Permit License Required. No Zoning Permit is required for short-term vacation rentals. However, a City Short-Term Vacation Rental LicensePermit is required from the City Finance Director.

17.44.020(B)(6) Vehicle Light Intrusion. Vehicle headlights shall be obstructed from direct alignment with habitable interior spaces with a minimum three-foot high evergreen shrub or vine and/or features such as fencing or walls.

17.50.020(A)
Applications Subject to More Than One Review Authority. When two or more discretionary applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one Review Auth ority in compliance with Table 17.50.020, Review Authority, all applications for the project shall be un der the jurisdiction of the Review Authority with the highest jurisdiction…

17.52.050(B)(2)(c) A brief project description;
40 Attachment 3: Title 17 Proposed Ordinance Amendments in Tracked Changes Table (For Reference Purposes Only) 5 Citation Revised Text

17.52.050(C)(3)(b) Time Period. For at least the 15 days immediately preceding the date of the public hearing or Director action, if required, through the appeal period of the applicable action.

17.52.090(C)

2. Zoning Permits, Substantial Conformity Determinations, and Amendments. a. Approval. An action to approve a Zoning Permit, Substantial Conformity Determination, or Amendment expires one year after the effective date, unless athe Zoning Permit has been issued. b. Issuance. Unless otherwise specified, an issued permit expires two years after its issuance date unless the use or structure for which the permit was issued has been established or commenced in compliance with the issued permit or unless a time extension is approved in compliance with subsection D below.

17.52.090(D) D. Time Extensions. The original Review Authority may approve one- or more-time extension up to a total of two years for any Discretionary Action, Substantial Conformity Determination, Amendment, or Zoning Permit...

17.52.100(A)(1)(g) g. The project has not been the subject of substantial public controversy or interest and there is no reas on to believe that the proposed change has the potential to create substantial controversy;

17.53.020(M) M. Interior alterations, including tenant improvements, that do not result in an increase in the floor area within the structure and does not increase the required number of parking spaces.

17.72.020
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. This use includes other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. No individual or household may be denied emergency shelter because of an inability to pay in accordance with California Health and Safety Code Section 50801(e).

17.72.030
Boarding, Kennel. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding, or maintaining, or sheltering of dogs, cats or other household pets, whether owned or not owned by the kennel by the owner or operated. Typical uses include pet clinics, pet day care/overnight stays, and animal shelters, but excludes pet shops and animal hospitals that provide 24 - hour accommodation of animals who are boarded for the sole purpose of receiving medical or grooming services.

41 Attachment 4

Notice of Exemption
42 NOTICE OF EXEMPTION (NOE)

1 To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117

 Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101

Subject: Filing of Notice of Exemption

Project Title: General Plan and Title 17 (Zoning) Amendments to Implement Housing Element 2023-2031 Programs and Other Amendments to Title 17 (Case Nos. 21-0002-GPA and 23-0007- ORD)

Project Applicant: City of Goleta

Project Location (Address and APN): Citywide

Description of Nature, Purpose and Beneficiaries of Project:

The proposed amendments to the Land Use Element of the General Plan / Coastal Land Use Plan and Title 17 (Zoning) of the Goleta Municipal Code address State law consistency, implement the Housing Element 2023 -2031, remedy issues identified during earl y implementation, and provide clarity to existing regulations. The topic s f or these amendments include:

 Housing Element 2023 -2031 Implementation related to Approval Needed for Mixed-Use Housing, Height Standards, Lot Coverage Standards, Shared Parking Approvals, Inclusionary Housing Procedures, and Emergency Shelters.

 State law consistency related to Density Bonu s, Electrical Vehicle (EV) Charging Stations, and Accessory Dwelling Units.

 Minor Revisions related to Planned Residential (RP) Zone District Street Side Setbacks , Allowances for Boarding Kennels, Sign Ma terials, Sign Area Allowances, Development Thresholds for Minor Changes to Zoning Permits , Exemption for Certai n Interior Floor Area Expansions , and Expiration and Time Extensions for Substantial Conformity Determinations and Amendments.

 Other Clarifying Revisions.

Name of Public Agency Approving the Project: City of Goleta

Name of Person or Agency Carrying Out the Project: City of Goleta

Exempt Status: (check one)
 Ministerial (§15268)
 Declared Emergency (§15269 (a))
 Emergency Project (§15269 (b) (c))
 Categorical Exemption: (Insert Type(s) and Section Number(s)) 43 NOTICE OF EXEMPTION (NOE)

2  Statutory Exemption: Public Resources Code, §21083.3; CEQA Guidelines, §15183)  Other: CEQA Guidelines, §15060(c)(3); §15378(a); §15378(b)(5); §15061(b)(3)

Reason(s) why the project is exempt:

The amendments are not subject to the Ca lifornia Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.) pursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because t he activity is not a project as defined in Section 15378(a) but it is an organizational or administrative activity by government that will not result in direct or indirect physical changes in the env ironment pursuant to Section 15378(b)(5).

The amendments are also exempt from CEQ A pursuant to Section 15061(b)(3) of the C EQA Guidelines because the activity is covered by the gener al rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Furthermore, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an Env ironmental Impact Report (EIR) was certified shall be exempt from additional CEQA an alysis, except as may be necessary to determine whether there are project -specific significant effects that are peculiar to the project or site that would otherwise require additiona l CEQA review. There is no new substantial information indicating that the impacts of adopting the amendments will be more severe than described in the General Plan EIR and there are no cumulative or off-site impacts from the proposed amendments that were not addressed in the General Plan EIR.

Finally, on December 5, 20 23, the City Council adopted Resolution 23 -63, adopting an Addendum to the Goleta General Plan/Coastal Land Use Plan EIR (State Clearinghouse No. 2005031151), which was certified in October 2006 by the City Council. The Addendum analyzed the environmental impacts of the actions taken in this ordinance related to Housing Element 2023-2031 implementation. The res olution to adopt the Addendum satisfied the City Council’s obligations under the CEQA with respect to adopting the amended Housing Elemen t 2023-2031 and amending the General Plan and Title 17 of the Goleta Municipal Code as detailed in the Housing Element 2023 -2031 and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines section 15162 apply. Thus, no further environmental review is required for the amendments to implement the Housing Element 2023-2031 as adoption of those amendments falls within the scope of the adopted Addendum and previously certified EIR.

City of Goleta Contact Person:

Peter Imhof Director, Planning & Environmental Review Date

44 Attachment 5

Staff Presentation
45 General Plan and Title
17 Amendments
City Council Hearing
Presentation By:

Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
April 2, 2024
46 Public Hearing Agenda
•Suggested Format:
•Staff Presentation
•Council Questions
•Public Comment
•Council Deliberation
•Action on Recommendation
April 2, 2024 – City Council 2
47 Title 17 (Zoning) of the Goleta Municipal
Code
April 3, 2020: Title 17 Effective Date
October 6, 2020: Round 1 CC Adoption
September 21, 2021: Round 2 CC Adoption
May 17, 2022: Round 3 CC Adoption
June 6, 2023: Round 4 CC Adoption
April 2, 2024 – City Council 3
48 Housing Element 2023-2031
•Amended Housing Element 2023-2031 adopted on December
5, 2023
•Programs include General Plan and Title 17 amendments are part of implementa
tion
April 2, 2024 – City Council 4
49 Housing Element Implementation
•Mixed-Use Permitting
•No CUPs
•Heights
•RP , RM, and RH: From 25 to 35 feet in Coastal Zone
•C-OT: From 30 to 35 feet
•Lot Coverage
•RH: From 40 to 50%
April 2, 2024 – City Council 5
50 Housing Element Implementation
•Shared Parking
•No CUPs
•Inclusionary Housing Procedures
•Alternative Compliance by Review Authority, Term
•Emergency Shelters
•OI: Allowed Use
April 2, 2024 – City Council 6
51 State Law Consistency
•Density Bonus
•Update submittal requirements
•Electrical Vehicle (EV) Charging Stations
•Remove from Title 17 (more stringent in Title 15)
•Accessory Dwelling Units
•Owner-Occupancy changes in state law
April 2, 2024 – City Council 7
52 Minor Revisions
•RP Side Setbacks
•Allow RS Side Setback for Detached SFDs
•Boarding, Kennels
•IS/IG: Allow with Minor CUP
•Update definition
•Sign Materials
•No Vinyl for Permanent Signs
•Sign Area Allowances
•Exclude Highway 101 Frontage
April 2, 2024 – City Council 8
53 Minor Revisions
•Minor Changes to Zoning Permits
•No “substantial public controversy” threshold
•Interior Floor Area Expansions
•Expand Existing Permit Exemption
•SCD and Amendment Expiration and Time Extensions
•Align with Zoning Permits
April 2, 2024 – City Council 9
54 Clarifications and Clean-Ups
•Variety of revisions of a non-substantive nature
April 2, 2024 – City Council 10
55 California Environmental Quality Act
(CEQA)
Adoption of the amendments are exempt :
•CEQA Guidelines §15060(c)(3) and §15378(b)(5) (not a
project)
•CEQA Guidelines §15061(b)(3) (no possibility for causing a significant e
ffect on the environment)
•Public Resources Code §21083.3 and CEQA Guidelines
§15183 (impacts already analyz
ed in General Plan EIR)
•Housing Element 2023-2031 Addendum
April 2, 2024 – City Council 11
56 Hearing Steps
•Council Questions
•Public Comment
•Council Deliber
ation
•Action on Recommendation
April 2, 2024 – City Council 12
57 Staff Recommendation
April 2, 2024 – City Council 13
A. Adopt Resolution No. 24-__, entitled “A Resolution of the City Council of the City of Goleta, California, Amending the General Plan / Coastal Land Use Plan to Implement Housing Element 2023-2031
Subprograms HE 2.1(g), 2.1(h), and 2.1(i) (Case No. 21-0002-GPA).” B. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 24-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Adopting Various Amendments to Title 17 (Zoning) of the Goleta Municipal Code and Finding the Amendments to be Exempt from the California Environmental Quality Act (Case No. 23-0007-ORD).”
58